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    • I was not aware of the non compensated list until after the event.   when you book it only shows the prohibited list which is about safety.   the non compensated list is right at the bottom of the page.   they took my additional payment for “insurance”  so cannot refuse to pay out unless its prohibited.   They should perhaps put a drop down box, to select an item type, and if its on the non compensated list then not allow the option to pay for additional “insurance” and warn the users it has no compensation for loss or damage.   They would loose a lot of business and the extra money they make if all goes to plan.   Will do, i might just have to accept the insurance value and put the rest down to experience. Thank you for the advice i will review threads and familiarise myself with what to do.
    • Thanks. As for their prohibited items list – in respect of items which are lost, it's completely irrelevant and unenforceable. However, the view we take is that if you declare a particular value and they undertake to carry your goods at that value then that is all you can recover. If you want to try and go for higher value then we are happy to help you but I don't fancy your chances but it would be interesting. Please spend the next few hours reading around the Hermes sub- forum and understanding the process about challenging Hermes, issuing a letter of claim and then issuing court papers. Understand also the process of bringing a small claim in the County Court. When you think that you know your way around then come back here and will help you on the next step. Once again, you're welcome to try and claim for the higher figure – but I think is most unlikely that you would succeed and in fact whereas most claims seem to go to mediation and get settled there, I suspect that if you claim for a higher amount that they would try their luck in court. However, you seem to be saying that so far in respect of your claim Hermes have been making positive noises and that they may pay you out on the basis of the insurance cover.  
    • the issuance of a Default notice was some +3yrs after the last acknowledgement through a deferral letter to the original creditor.   i thought a debt buyer could not issue a default notice? thus change the cause of action under the PRA DN ruling Win~ it was not retrospective appeal win?   i believe we've countered these late DN's before along the lines of:   alternative whereby claimant intimates SB date=defaulted date and that has been registered months/years after the last payment . 1 The Claimant's claim was issued on dd/mm/yyyy.    2.The date last payment/acknowledgement made was the dd/mm/yyyy     3.The Default Notice was issued dd/mm/yyyy and served several months/years after the initial breach thus the cause of action delayed by X months + years and the Limitations period prolonged to 6 years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.    4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant.    5.The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.   @andyorch your thoughts?
    • Formal claim has been made, I have been told it is covered, as its parts not a complete instrument. Its not prohibited, musical instruments are on their non compensated list.   my argument is i estimated the value of the drum shells as you would not normally know the value of them unless buying that part.   The replacement parts quote is £450. So yes i did under estimate the parts value.   I would hope they might consider that.   hope this make sense.  
    • So the debt is not statute barred as the claim was made even within the limitation of the Sept 2013 deferral regardless of the date of the default notice. There is no defence to the claim as far as I can see.
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Halifax Loan PPI calculations with rebate and no mortgage info sent?


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Hi,

 

Sent a SAR to HBOS for mortgage details as I'm sure we had PPI and were forced to take their very expensive House Insurance in order to have mortgage accepted.

 

Today they sent me a copy of loan agreement and statement for a loan I took in 2001. Nice suprise and had forgotten alol about this one!

 

First question, which spreadsheet should I use as the loan hyas a small rebate halfway through so am unsure how to work out claim

 

Second question, the letter says this is ALL available info they hold and are required by law to send. The mortgage was joint so maybe that's why although saying that this loan they have so kindly told me about is joint also!

 

I also have a few bank accounts with them and 3 kids accounts in my name. No mention of these either but too be honest I'm not bothered about bank stuff as I have all statements anyway and it would probably need a truck to deliver that info! They don't know this though as I didn't say I didn't want it on SAR I said I wanted ALL DATA.

 

My mortgage would have started end of 99 or early 2000 and ended in mid 2003 but surely they still have some records?

 

Any suggestions and a point in direction of spreadsheet and how to work out calcs for loan would be very much appreciated. Thank very much in advance :-)

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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can we see the agreement too please

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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[ATTACH=CONFIG]38453[/ATTACH]

 

can we see the agreement too please

 

dx

 

Here it is dx,

not sure how I applied but I think it would have been telephone application and they sent me documents to sign.

 

I'm almost 100% sure because they charged me a £35 courier fee to receive the cheque by the looks of it?

 

I don't recall going into a Halifax branch for a loan.

 

Again at the time of this loan I was pregnant and off sick with pregnancy related problems (I'm not a good host for a baby :-( and spent a lot of time in hospital during my pregnancy).

 

I wouldn't have asked for or needed PPI unless told it was necessary.

 

My credit wasn't fantastic back then.

 

I'm assuming this will be hard to prove for telephone application?

 

wonder if they still have 11 year old telephone logs - Doubt it!

 

Thanks for your help :-)

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there is no tick box for PPI?

 

its was already filled in - yes?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi dx, I think it was all done over the phone and then documents printed and sent for me to sign, I don't recall the conversation so don't know wether they told me it was compulsory, standard part of the loan, or wether I was told anything at all and just signed it because I thought it was part of the agreement that I couldn't amend/object to?.

 

Thanks

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no way to read up , no mention in anything sent.

 

perfect reclaim - pre-selected.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks dx, I'm really confused on how to do spreadsheet though, The earlt settlement rebate is baffling me. It doesn't add up? not sure where to start working out calculations so do you think I should send FOS Q without spreadsheet and see what they come back with or is this easy to calculate myslef if I know how.

 

Thanks again for all your help :-)

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373 / 2000 * 100 = 18.85%

 

18.65% of £118.84 = £22.40

 

if this is in:

 

This first spreadsheet is the latest version of the statutory interestlink3.gif calculator and is used for Single Premium PPIlink3.gif cases. It can also be used where rollover PPI is involved, i.e. a new loan re-financing a previous one and where PPI is included in one or more loans.

 

StatIntSheet v101.xls

 

 

for EVERY date you paid.

 

and then poss take the rebate off the total

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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373 / 2000 * 100 = 18.85%

 

18.65% of £118.84 = £22.40

 

if this is in:

 

This first spreadsheet is the latest version of the statutory interestlink3.gif calculator and is used for Single Premium PPIlink3.gif cases. It can also be used where rollover PPI is involved, i.e. a new loan re-financing a previous one and where PPI is included in one or more loans.

 

StatIntSheet v101.xls

 

 

for EVERY date you paid.

 

and then poss take the rebate off the total

 

dx

 

Aha! thanks dx!

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  • 2 months later...

I am absolutely fuming!!! I sent in my claim on 23rd September. I wrote to them on 28th Nov reminding them they were a week overdue and giving them an extra 14 days. then yesterday I got a letter with a FOS Q attached telling mt to fill it out and send it back. I BLOODY SENT A FOS Q AND SOC WITH MY CLAIM!!!!!

 

I rang them and demaned to know why they had asked me to fill another form in and why they had sent me this 9 weeks after my complaint only to be told they haven't recevied anything from me until my letter dated 28th Nov. I provided tracking number and proof of delivery in that letter so they knew I had!

 

How can they sign for a complaint then claim they never recevied it??? What can i do about this I am fuming and I do not want to wait another 8 weeks. I have re-sent everything again (another lot of recorded delivery, wasted ink and paper!) but I am soooo mad I want to know what i can do. What's the point in paying extra for recorded if it means nothing? grrrrrrrrrrrrrrrrrrrrrrrrrrr!

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  • 1 month later...

can anyone check a calculation for me please of 8% interest???

 

Just had an offer of refund of premiums £430.33 (my calculation was £445.54 so i am happy with that as it's very close).

 

They have only offered me £135.21 in 8% simple interest though and I worked it out to be more. The last payment was made on 6th May 2003 so I am making it £335.61 in interest from may 2003 - jan 2013. Have I got this wrong!

 

Any help gratefully appreciated thanks in advance x

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yes

 

follow post 12

 

fill in the spreadsheet for EVERY payment you made

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi DX, I calculated this and sent it off: [ATTACH=CONFIG]40788[/ATTACH]

 

 

Although total offer seems wrong, the calculations of premium plus contractual interest seems ok. They offered me £430.33 for that so not too bad as only £15 out from what I made it. The 8% though that they offered is only £135.21 total payout: £565.54.

 

Even if I used the stat.int spreadie and put in the total they offered of £430.33 from when the loan was paid off on 6th may 2003 instead of adding it to every payment it still doesn't seem enough. I'd be happy for them to calculate it from last payment instead of from each payment, it's still seems too low though. Just want to check that their calculation is wrong before I challenge it because I'm worried it will delay or maybe even cancel my claim.

 

Thanks for your help :)

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the above spready is correct

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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